[Amended 10-26-1987 by Art. 2; 10-10-1989 by Art. 22; 3-27-1993 by Art. 24; 3-29-2008 by Art. 16; 6-14-2010 by Art. 3; 5-1-2023 ATM by Art. 24]
[Amended 6-3-2024 ATM by Art. 19]
The provisions of this article apply in all districts. The Planning Board is the designated special permit granting authority under this article for the VIL District, and the Zoning Board of Appeals is the designated special permit granting authority under this article for all other districts.
A. 
Any structure or use lawfully existing or lawfully begun or authorized under a special permit or building permit issued before the first publication of notice of the Planning Board public hearing on adoption of this Zoning Bylaw, or any amendment hereto, may continue without expansion or change, although it does not conform to the Zoning Bylaw as adopted or amended.
B. 
Any construction or operations authorized under a building or special permit, however, must conform to any subsequent amendments to this Zoning Bylaw unless the use or construction commences within six months after the issuance of the permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
A. 
Except as provided under Subsection B below, reconstruction, extension, or structural change of an existing nonconforming structure may be allowed by special permit, provided the special permit granting authority finds that the reconstruction, extension, or change will not be substantially more detrimental to the neighborhood than the existing nonconforming structure.
B. 
A lawfully existing nonconforming single- or two-family residential structure may be reconstructed, extended, or structurally altered without a special permit, provided the reconstruction, extension, or structural alteration does not increase the nonconforming nature of the existing structure.
The special permit granting authority may grant a special permit to allow a lawfully existing nonconforming use to be expanded, or to be changed to another use not substantially different in character on in its effect on the neighborhood, provided that the special permit granting authority finds that the new or expanded use will not be substantially more detrimental to the neighborhood than the existing nonconforming use.
A. 
A lawfully nonconforming structure, or a structure devoted to a lawfully nonconforming use (whether in whole or in part), may, if damaged, destroyed, or razed, be repaired or reconstructed within the same portion of the lot, the exterior dimensions of any vertical section of which does not exceed that of the original structure, and may be used as before, provided that such repair or reconstruction does not increase the structure's nonconformity.
B. 
Repair or construction of a lawfully nonconforming residential structure must be substantially completed within three years of the date the structure was damaged, destroyed, or razed. Repair or reconstruction of any other lawfully nonconforming structure must be completed within two years of the date of damage, destruction, or razing. The site plan review provisions of § 300-12.8 will apply to such repair or reconstruction in a business or light industry district.
A lot in the R-A, R-B, or R-C District, having less than the minimum area, width, depth, and/or frontage requirements specified under Article 5, may be built upon and used for a single-family dwelling use (subject to compliance with all other applicable requirements of this Zoning Bylaw) if:
A. 
The lot is exempted from such requirements by MGL c. 40A, § 6; or
B. 
The lot is shown on a definitive subdivision plan that was approved and endorsed by the Planning Board prior to June 30, 2023, and conformed with the area, width, and frontage requirements of the Zoning Bylaw applicable to construction of a building on said lot at the time of such approval; or
C. 
The lot:
(1) 
Was lawfully laid out by a plan or deed recorded in the Norfolk Registry of Deeds, or registered in the Registry District of the Land Court, on or before the effective date of the dimensional requirement(s) in question, but no later than June 30, 2023.
(2) 
Conformed with the area, width, and frontage requirements of the Zoning Bylaw, if any, applicable to the construction of a building on the lot at the time of such registration or recording; and
(3) 
Was, on the effective date of the dimensional requirement(s) in question, either held in ownership separate from that of any adjoining land or had an area of not less than 9,000 square feet in the R-A District, 15,000 square feet in the R-B District, or 20,000 square feet in the R-C District.
Once abandoned, a nonconforming use or structure may not be revived or resumed.
A. 
A nonconforming use will be deemed abandoned upon its replacement with a conforming use.
B. 
Discontinuance of a nonconforming residential use for more than three years, or discontinuance of any other nonconforming use for more than two years, will be deemed abandonment. Abandonment of a use by discontinuance occurs if (1) there is a removal of characteristic equipment or furnishings associated with the nonconforming use, without replacement by similar equipment or furnishings within the applicable two- or three-year period; or (2) the nonconforming use ceases to operate on the premises for the applicable period.
C. 
A nonconforming structure that has been left vacant and unmaintained for more than two years will be deemed abandoned and may not thereafter be altered or used until brought into compliance with the regulations applicable to the district in which it is located. The special permit granting authority may extend the two-year limit if it determines that extraordinary circumstances have prevented the use and maintenance of the nonconforming structure despite good faith efforts of the property owner.
D. 
A nonconforming structure will be deemed abandoned upon its replacement with a conforming structure.